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Austin TX Lawyers Can Determine the Value of Personal Injury Claim (Part A)

David Todd
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Austin personal injury attorney and Texas accident lawyer David Todd
When you’re in an Austin car accident and file your Texas personal injury claim, one of your first questions will be, “How much is my claim worth?” While there is no easy formula to determine the amount of your Austin car accident injury claim, Austin TX lawyers can help you look over the factors and arrive at an estimate if you have a legitimate case.

Determining Liability

One of the most important aspects of a Texas personal injury claim is liability, or who was responsible for the accident. Texas follows the comparative negligence rule, which states that the amount you can recover will be reduced in proportion to your amount of fault in an Austin car accident.

In other words, if it’s determined that you were 30 percent at fault for the accident with $100,000 worth of damages, your settlement amount will be reduced to $70,000.

Proving liability isn’t always a cut-and-dry procedure. You and your Austin TX lawyers will need to prove:
  • the other driver that caused your injury owed you a duty;
  • the other driver broke or breached that duty;
  • the other driver’s negligence actually caused your injury; and
  • you suffered real damages.
Factoring in the Severity of the Accident

When the insurance adjusters are reviewing all the data from you accident, they’ll take the severity of your accident and your injuries into consideration. Naturally, the more severe the injuries, the more you’ll be able to recover.

Less serious injuries like sprains and bruising that are apt to heal relatively quickly are assigned less value than injuries that are:
  • permanent;
  • debilitating;
  • scarring; and
  • emotionally traumatic which will likely require a more strenuous claim argument for more money.
Your current and future medical bills will be another significant factor in your Austin car accident injury claim. Your lawyer may be able to help you collect all your medical information, including your physician’s reports that explain any future medical treatments you may require. Contact Austin TX lawyers today.

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